C (a Child), Re

C (a Child), Re

The combination of the mother's young age, psychological vulnerability, risk of community exposure, lack of realistic paternal family placement options, and sufficient information for future life story work justify not informing the father of C's birth; the welfare of the child is paramount.

Parties
Applicant: Local Authority; Respondent: Mother; Respondent: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
06 December 2018
Procedural Posture
Care Proceedings / Judgment
Outcome
Application granted; local authority not obliged to inform the father.
Legal Topics
Adoption, Relinquished Babies, Parental Notification, Article 8 Rights
Family Law Child Welfare Adoption Relinquished Babies Parental Notification Article 8 Rights

Case Brief

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Parties

Local Authority

Applicant

Mother

Respondent

Children’s Guardian

Respondent

Procedural Posture

Care Proceedings / Judgment

Legal Issues

  1. 1 Whether the local authority should inform the father of C's birth
  2. 2 Welfare of the child as paramount consideration
  3. 3 Assessment of risks to the mother if the father is informed

Ratio Decidendi

The combination of the mother's young age, psychological vulnerability, risk of community exposure, lack of realistic paternal family placement options, and sufficient information for future life story work justify not informing the father of C's birth; the welfare of the child is paramount.

Court Disposition

Application granted; local authority not obliged to inform the father.

Orders

  • Local authority is not obliged to tell the father of C’s birth and should not do so.
  • Care proceedings formally dismissed.